Girish (Senior Manager Operations) 16 October 2013

498a & dv wife - can she come & stay with pending cases?

My wife has filed false 498a case against me & based on facts me & my family members have been granted Anticipatory Bail by Sessions Court. She has also filed a DV application & I have filed Discharge CUM Not Maintainable application. After marriage she never stayed with my parents, not even for a single day. I have proof & withness.

Question - In 498a FIR she has mentioned that she is having danger to her life from me & my family. In reply to DV I have submitted the proof that the current flat where she is staying is solely owned by my wife & she in not staying at mercy of her mother & brother. She has now started threatening me that she will come & stay with me to TRAP me further. OR Else she will go to my parent's house (My Mom's house - Her Stridhan) and would harass them. I have filed a NC based on the threats passed on by my wife & her brother. CAN SHE COME AND STAY WITH ME WHEN THE CASE IS PENDING IN COURT WITHOUT AN ORDER FROM THE COURT?

Need urgent response from expert lawyers. Thanks in advance.

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9 Replies

Sudhir Kumar, Advocate (Advocate) 16 October 2013

please write facts clearly in understandable expression.

great india (manager) 16 October 2013

1. Wifes in india can do anything. 2. You or your parents can ask for injunction orders if you feel she can enter parents premises. 3.she mentioned threat to life so how can she enter in your residence....that would be your point of argument and defence. Gdluck.

ashoksrivastava (scientist) 16 October 2013

@querist she can come and stay with you, but she cannot forcibly stay in your mother's house. regards ASHOK

Girish (Senior Manager Operations) 17 October 2013

<< she can come and stay with you, but she cannot forcibly stay in your mother's house. regards ASHOK >> THANK YOU VERY MUCH!

So I am now least bothered. If she will try to come & stay with me. I will tackle her very well. ;)

1) With injuries on forehead I can go to Police with neighbours/withness

OR ELSE

2) I will inform Mental Hospital.

Which will be the best solution? Kindly suggest.

1 catch - I am staying in different City away from my parents since last 3 yrs (from well before marriage ....)

ashoksrivastava (scientist) 19 October 2013

Originally posted by : Girish

<< she can come and stay with you, but she cannot forcibly stay in your mother's house. regards ASHOK >> THANK YOU VERY MUCH!

So I am now least bothered. If she will try to come & stay with me. I will tackle her very well. ;)

1) With injuries on forehead I can go to Police with neighbours/withness

OR ELSE

2) I will inform Mental Hospital.

Which will be the best solution? Kindly suggest.

1 catch - I am staying in different City away from my parents since last 3 yrs (from well before marriage ....)

Girish avoid playing with fire lest it may boomerang on you.

Better tell her it can never be kiss and forgive now after all these cases, and that you both should part ways via MCD

regards ASHOK

Girish (Senior Manager Operations) 27 October 2013

Can someone explain me about "injunction orders" ? Which section (IPC or CrPC) ? Format for applic ation

Where I need to file the application? In the same Metropolitan court where the DV case is running? Can ACP, DCP, Addl CP or Commissioner of Police not take some action? or Play some role here?

In 498a I have got Anticipatory Bail from Sessions Court. Do I need to file Application for injunction orders at Sessions court?

I need urgent response on this one. Thanks in advance.